Cloud Cruiser for HP CloudSystem Matrix and HP Cloud Service Automation

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Cloud Cruiser, Inc. End User License Agreement Trial Software	Cloud Cruiser, Inc. End User License Agreement Trial Software NOTICE TO END USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ("YOU" OR "YOUR") AND CLOUD CRUISER, INC. ("CLOUD CRUISER") RELATING TO THE USE OF THE APPLICATION THAT IS PROVIDED WITH THIS AGREEMENT. USE OF THE APPLICATION PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE TERMS OF THIS EULA MAY NOT BE NOT BE AMENDED, ALTERED OR CHANGED BY ANY PURCHASE ORDER OR OTHER INSTRUMENT SUBMITTED BY YOU, WHETHER FORMALLY REJECTED BY CLOUD CRUISER OR NOT. IF YOU ARE USING THE APPLICATIONS ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT YOU AUTHORIZED TO BIND YOUR EMPLOYER TO THIS AGREEMENT. TRIAL SOFTWARE RESTRICTIONS: THE APPLICATION IS FOR CUSTOMER PRE-PURCHASE NINETY (90) DAY TRIAL USAGE ONLY. YOU MAY NOT DOWNLOAD AND RUN THE APPLICATION FOR COMPETITIVE ANALYSIS. YOU MAY NOT MAKE THE APPLICATION AVAILABLE OVER THE INTERNET OR ANY OTHER PUBLICLY ACCESSIBLE NETWORK OR TECHNOLOGY. YOU MAY NOT PUBLISH OR DISCLOSE TO ANY THIRD-PARTY COMMENTS, REVIEWS OR INSIGHTS BASED UPON TRIAL USAGE WITHOUT THE EXPRESS WRITTEN APPROVAL OF CLOUD CRUISER. USE OF THE TRIAL SOFTWARE FOR COMPETITIVE OR DISPARAGING PURPOSES IS STRICTLY PROHIBITED AND AGGRESSIVELY ENFORCED BY CLOUD CRUISER. 1. License. As used in this Agreement, the term "Application" means the software tools in object code form only referred to as the Cloud Cruiser Cost Management Solution and associated data collection software ("Collectors") provided with this license as well as any updates, upgrades, revisions or error or bug fixes of the software tools provided to You by Cloud Cruiser at its sole option and discretion. The term "Documentation" shall mean any accompanying documentation provided by Cloud Cruiser. Subject to the terms of this Agreement, Cloud Cruiser grants to You, and You accept, a personal, non-exclusive, and nontransferable (except as set forth below) license to (a) access and use the object code version of the Application in accordance with the Documentation solely for Your internal business purposes on the computer or server for which the Application is licensed; and (b) access, use and print out one copy of the Documentation solely for use in connection use of the Application. 2. Limitations on Use. You may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Application or Documentation, except as expressly set forth in Section 1 ("License"). You shall not decompile, disassemble, attempt to derive the source code for or reverse engineer the Application, and You will prevent Your employees and contractors from doing so, except to the extent that such restriction is expressly prohibited by applicable law. You shall not modify, adapt, create a derivative work of , merge, or translate the Application or Documentation, or use the Application or Documentation as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution or in any way to develop competing products. This Agreement covers specific Cloud Cruiser Applications as identified in Your purchase document or order form. Use of any additional Collectors NOT intended for or associated with Your Application is NOT licensed or permitted under this Agreement. 3. Intellectual Property Rights. You acknowledge that Cloud Cruiser solely and exclusively owns all copyrights, trademarks, patents, trade secrets and/or other intellectual property rights ("IP Rights") in and to the Application and Documentation. You are not granted any rights in the Application or Documentation other than the license rights expressly set forth in Section 1 ("License"). All rights in the Application and Documentation not expressly granted in this Agreement are reserved to Cloud Cruiser. 4. Confidentiality. You acknowledge that the Application and Documentation contains proprietary and confidential information of Cloud Cruiser (collectively, "Confidential Information"). You will not disclose, provide or otherwise make available any such Confidential Information to any third party. You will not use any such Confidential Information for any purpose except to the extent necessary to use the Application in accordance with this Agreement. You further agree that a breach of this provision will cause irreparable harm to Cloud Cruiser for which it will have no adequate remedy at law, and therefore it shall be entitled to obtain injunctive relief to restrain violations of this provision, in addition to any other remedies it may have at law or equity. 5. Compliance with Laws/Liability for User Content. You agree to comply with all laws, rules, orders or regulations in utilizing the Application and Documentation. You further agree not to transmit, upload, store, maintain, distribute or otherwise use data, content, information or material through the Application that violates any third party's IP Rights, is false or fraudulent, defamatory, obscene or otherwise violates the rights of any third party. If You are providing access to the Application through a user account with an assigned password and user identification, You agree to maintain that password and user identification as confidential and to assume responsibility for any and all uses of the Application under Your password and user identification. You further agree to defend, indemnify and hold harmless Cloud Cruiser and any of its parent, subsidiary and affiliated entities, and each of their officers, directors, employees, and agents from and against any claims, losses, liabilities, lawsuits, and expenses (including reasonable attorney's fees) arising out of Your breach of this Agreement. 6. Term and Termination. The term of this Agreement will be concurrent with any Master Software License or other license agreement ("Master Agreement") with the entity under which this license is being provided. Your license to the Application automatically terminates if the Master Agreement expires or terminates or if You fail to comply with any of the terms and conditions of this Agreement. Your ability to access or use the Application may terminate automatically upon termination of this Agreement. You agree that, upon such termination, Your access to the Application may be terminated and if applicable, at Cloud Cruiser's option, You will either destroy (or permanently erase) all copies of the Application or Documentation, or return the original Application or Documentation to Cloud Cruiser. You may terminate this license at any time by destroying Your copies of or disabling access to the Application, provided that termination of this license will not necessarily terminate the Master Agreement. Sections 2-12 of this Agreement shall survive any termination of the license or this Agreement. 7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE APPLICATION'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. If a disclaimer of implied warranties is not permitted by law, the duration of any such implied warranty is limited to ninety (90) days from the date of purchase by the original end user purchaser. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary from jurisdiction to jurisdiction. 8. Liability Exclusions and Limitations. IN NO EVENT SHALL Cloud Cruiser BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE, LOSS OR ALTERATION OF DATA, OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLOUD CRUISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CLOUD CRUISER'S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEE PAID BY YOU OR UNDER ANY MASTER AGREEMENT FOR THE COPY OF THE APPLICATION USED BY YOU. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to You. 9. Proprietary Rights-Contracts with Certain U.S. Government Agencies. The Application is a "Commercial Item," as that term is defined at 48 C.F.R. 2.101 (Jan. 2011), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, 48 C.F.R. 227.7202, and 48 C.F.R. 12.211, respectively. Consistent with 48 C.F.R. 12.212, and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users' rights to use, modify, reproduce, release, perform, display, or disclose the Application and the Documentation are as provided by this Agreement. This clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Application. 10. Export Restrictions. You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain commodities and technical data of United States origin, including the Application, in any medium. You agree that You will not knowingly, without prior authorization if required, export or re-export the Application in any medium without the appropriate United States and foreign government licenses. Without limiting the foregoing, You acknowledge that You are not a person or entity prohibited from receiving U.S. exports or a person or entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. You further acknowledge that (i) You are not located in, and (ii) are not a national of Cuba, Iran, Iraq, Kosovo (Serbian controlled), Libya, Montenegro, North Korea, Serbia, Sudan, Syria, any Taliban-controlled areas of Afghanistan, or any other U.S.- embargoed country or area. You agree that You will not export or re-export the Application or Documentation to any country, person, entity, or end user that is subject to US export restrictions. Restricted countries currently include, but may not be limited to: Cuba, Iran, Iraq, Libya, Kosovo (Serbian controlled), Montenegro, Serbia, North Korea, Sudan and Syria and any Taliban-controlled areas of Afghanistan, or any other U.S.-embargoed country or area. You agree not to export, re-export, or otherwise disclose the Application, Documentation and/or technical data to any national of the above-listed countries, or to any other person or entity prohibited from receiving U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. Without limiting any of the foregoing, if You export the Application, Documentation or technical data from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be. 11. Severability. You acknowledge and agree that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement. Invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions of this Agreement. 12. License Compliance Reporting. Cloud Cruiser reserves the right to run periodic license compliance reports to ensure accuracy and appropriate use of Your license(s). Given reasonable notice, Cloud Cruiser further reserves the right to physically audit Your license utilization. 13. General. This Agreement is the entire agreement between You and Cloud Cruiser relative to the Application and Documentation, and supersedes all prior written statements, proposals or agreements relative to its subject matter. It may be modified only by a writing executed by an authorized representative of Cloud Cruiser. No Cloud Cruiser dealer or sales representative is authorized to make any modifications, extensions or additions to this Agreement. This Agreement will be governed by the laws in force in the State of California, excluding (i) the application of its conflicts of law rules; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention"); (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; and (v) the Uniform Computer Information Transactions Act (and all successor or amended acts that are or may be adopted in any jurisdiction). The Superior Court of Sacramento County and/or the United States District Court for the Eastern District of California shall have jurisdiction and venue over all controversies in connection herewith. You hereby consent to the personal jurisdiction of said courts and waive any objections to such jurisdiction or venue based on forum non conveniens.
	Accept EULA Agreement
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Cloud Cruiser, Inc. End User License Agreement Trial Software	Cloud Cruiser, Inc. End User License Agreement Trial Software NOTICE TO END USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ("YOU" OR "YOUR") AND CLOUD CRUISER, INC. ("CLOUD CRUISER") RELATING TO THE USE OF THE APPLICATION THAT IS PROVIDED WITH THIS AGREEMENT. USE OF THE APPLICATION PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE TERMS OF THIS EULA MAY NOT BE NOT BE AMENDED, ALTERED OR CHANGED BY ANY PURCHASE ORDER OR OTHER INSTRUMENT SUBMITTED BY YOU, WHETHER FORMALLY REJECTED BY CLOUD CRUISER OR NOT. IF YOU ARE USING THE APPLICATIONS ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT YOU AUTHORIZED TO BIND YOUR EMPLOYER TO THIS AGREEMENT. TRIAL SOFTWARE RESTRICTIONS: THE APPLICATION IS FOR CUSTOMER PRE-PURCHASE NINETY (90) DAY TRIAL USAGE ONLY. YOU MAY NOT DOWNLOAD AND RUN THE APPLICATION FOR COMPETITIVE ANALYSIS. YOU MAY NOT MAKE THE APPLICATION AVAILABLE OVER THE INTERNET OR ANY OTHER PUBLICLY ACCESSIBLE NETWORK OR TECHNOLOGY. YOU MAY NOT PUBLISH OR DISCLOSE TO ANY THIRD-PARTY COMMENTS, REVIEWS OR INSIGHTS BASED UPON TRIAL USAGE WITHOUT THE EXPRESS WRITTEN APPROVAL OF CLOUD CRUISER. USE OF THE TRIAL SOFTWARE FOR COMPETITIVE OR DISPARAGING PURPOSES IS STRICTLY PROHIBITED AND AGGRESSIVELY ENFORCED BY CLOUD CRUISER. 1. License. As used in this Agreement, the term "Application" means the software tools in object code form only referred to as the Cloud Cruiser Cost Management Solution and associated data collection software ("Collectors") provided with this license as well as any updates, upgrades, revisions or error or bug fixes of the software tools provided to You by Cloud Cruiser at its sole option and discretion. The term "Documentation" shall mean any accompanying documentation provided by Cloud Cruiser. Subject to the terms of this Agreement, Cloud Cruiser grants to You, and You accept, a personal, non-exclusive, and nontransferable (except as set forth below) license to (a) access and use the object code version of the Application in accordance with the Documentation solely for Your internal business purposes on the computer or server for which the Application is licensed; and (b) access, use and print out one copy of the Documentation solely for use in connection use of the Application. 2. Limitations on Use. You may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Application or Documentation, except as expressly set forth in Section 1 ("License"). You shall not decompile, disassemble, attempt to derive the source code for or reverse engineer the Application, and You will prevent Your employees and contractors from doing so, except to the extent that such restriction is expressly prohibited by applicable law. You shall not modify, adapt, create a derivative work of , merge, or translate the Application or Documentation, or use the Application or Documentation as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution or in any way to develop competing products. This Agreement covers specific Cloud Cruiser Applications as identified in Your purchase document or order form. Use of any additional Collectors NOT intended for or associated with Your Application is NOT licensed or permitted under this Agreement. 3. Intellectual Property Rights. You acknowledge that Cloud Cruiser solely and exclusively owns all copyrights, trademarks, patents, trade secrets and/or other intellectual property rights ("IP Rights") in and to the Application and Documentation. You are not granted any rights in the Application or Documentation other than the license rights expressly set forth in Section 1 ("License"). All rights in the Application and Documentation not expressly granted in this Agreement are reserved to Cloud Cruiser. 4. Confidentiality. You acknowledge that the Application and Documentation contains proprietary and confidential information of Cloud Cruiser (collectively, "Confidential Information"). You will not disclose, provide or otherwise make available any such Confidential Information to any third party. You will not use any such Confidential Information for any purpose except to the extent necessary to use the Application in accordance with this Agreement. You further agree that a breach of this provision will cause irreparable harm to Cloud Cruiser for which it will have no adequate remedy at law, and therefore it shall be entitled to obtain injunctive relief to restrain violations of this provision, in addition to any other remedies it may have at law or equity. 5. Compliance with Laws/Liability for User Content. You agree to comply with all laws, rules, orders or regulations in utilizing the Application and Documentation. You further agree not to transmit, upload, store, maintain, distribute or otherwise use data, content, information or material through the Application that violates any third party's IP Rights, is false or fraudulent, defamatory, obscene or otherwise violates the rights of any third party. If You are providing access to the Application through a user account with an assigned password and user identification, You agree to maintain that password and user identification as confidential and to assume responsibility for any and all uses of the Application under Your password and user identification. You further agree to defend, indemnify and hold harmless Cloud Cruiser and any of its parent, subsidiary and affiliated entities, and each of their officers, directors, employees, and agents from and against any claims, losses, liabilities, lawsuits, and expenses (including reasonable attorney's fees) arising out of Your breach of this Agreement. 6. Term and Termination. The term of this Agreement will be concurrent with any Master Software License or other license agreement ("Master Agreement") with the entity under which this license is being provided. Your license to the Application automatically terminates if the Master Agreement expires or terminates or if You fail to comply with any of the terms and conditions of this Agreement. Your ability to access or use the Application may terminate automatically upon termination of this Agreement. You agree that, upon such termination, Your access to the Application may be terminated and if applicable, at Cloud Cruiser's option, You will either destroy (or permanently erase) all copies of the Application or Documentation, or return the original Application or Documentation to Cloud Cruiser. You may terminate this license at any time by destroying Your copies of or disabling access to the Application, provided that termination of this license will not necessarily terminate the Master Agreement. Sections 2-12 of this Agreement shall survive any termination of the license or this Agreement. 7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE APPLICATION'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. If a disclaimer of implied warranties is not permitted by law, the duration of any such implied warranty is limited to ninety (90) days from the date of purchase by the original end user purchaser. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary from jurisdiction to jurisdiction. 8. Liability Exclusions and Limitations. IN NO EVENT SHALL Cloud Cruiser BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE, LOSS OR ALTERATION OF DATA, OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLOUD CRUISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CLOUD CRUISER'S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEE PAID BY YOU OR UNDER ANY MASTER AGREEMENT FOR THE COPY OF THE APPLICATION USED BY YOU. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to You. 9. Proprietary Rights-Contracts with Certain U.S. Government Agencies. The Application is a "Commercial Item," as that term is defined at 48 C.F.R. 2.101 (Jan. 2011), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, 48 C.F.R. 227.7202, and 48 C.F.R. 12.211, respectively. Consistent with 48 C.F.R. 12.212, and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users' rights to use, modify, reproduce, release, perform, display, or disclose the Application and the Documentation are as provided by this Agreement. This clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Application. 10. Export Restrictions. You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain commodities and technical data of United States origin, including the Application, in any medium. You agree that You will not knowingly, without prior authorization if required, export or re-export the Application in any medium without the appropriate United States and foreign government licenses. Without limiting the foregoing, You acknowledge that You are not a person or entity prohibited from receiving U.S. exports or a person or entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. You further acknowledge that (i) You are not located in, and (ii) are not a national of Cuba, Iran, Iraq, Kosovo (Serbian controlled), Libya, Montenegro, North Korea, Serbia, Sudan, Syria, any Taliban-controlled areas of Afghanistan, or any other U.S.- embargoed country or area. You agree that You will not export or re-export the Application or Documentation to any country, person, entity, or end user that is subject to US export restrictions. Restricted countries currently include, but may not be limited to: Cuba, Iran, Iraq, Libya, Kosovo (Serbian controlled), Montenegro, Serbia, North Korea, Sudan and Syria and any Taliban-controlled areas of Afghanistan, or any other U.S.-embargoed country or area. You agree not to export, re-export, or otherwise disclose the Application, Documentation and/or technical data to any national of the above-listed countries, or to any other person or entity prohibited from receiving U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. Without limiting any of the foregoing, if You export the Application, Documentation or technical data from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be. 11. Severability. You acknowledge and agree that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement. Invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions of this Agreement. 12. License Compliance Reporting. Cloud Cruiser reserves the right to run periodic license compliance reports to ensure accuracy and appropriate use of Your license(s). Given reasonable notice, Cloud Cruiser further reserves the right to physically audit Your license utilization. 13. General. This Agreement is the entire agreement between You and Cloud Cruiser relative to the Application and Documentation, and supersedes all prior written statements, proposals or agreements relative to its subject matter. It may be modified only by a writing executed by an authorized representative of Cloud Cruiser. No Cloud Cruiser dealer or sales representative is authorized to make any modifications, extensions or additions to this Agreement. This Agreement will be governed by the laws in force in the State of California, excluding (i) the application of its conflicts of law rules; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention"); (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; and (v) the Uniform Computer Information Transactions Act (and all successor or amended acts that are or may be adopted in any jurisdiction). The Superior Court of Sacramento County and/or the United States District Court for the Eastern District of California shall have jurisdiction and venue over all controversies in connection herewith. You hereby consent to the personal jurisdiction of said courts and waive any objections to such jurisdiction or venue based on forum non conveniens.
	Accept EULA Agreement
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	Fields in bold are required.
Products	Select a Product HP CloudSystem Matrix HP Cloud Service Automation
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Last Name
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Confirm E-mail Address
Work Phone
Comments/Questions
Cloud Cruiser, Inc. End User License Agreement Trial Software	Cloud Cruiser, Inc. End User License Agreement Trial Software NOTICE TO END USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ("YOU" OR "YOUR") AND CLOUD CRUISER, INC. ("CLOUD CRUISER") RELATING TO THE USE OF THE APPLICATION THAT IS PROVIDED WITH THIS AGREEMENT. USE OF THE APPLICATION PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE TERMS OF THIS EULA MAY NOT BE NOT BE AMENDED, ALTERED OR CHANGED BY ANY PURCHASE ORDER OR OTHER INSTRUMENT SUBMITTED BY YOU, WHETHER FORMALLY REJECTED BY CLOUD CRUISER OR NOT. IF YOU ARE USING THE APPLICATIONS ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT YOU AUTHORIZED TO BIND YOUR EMPLOYER TO THIS AGREEMENT. TRIAL SOFTWARE RESTRICTIONS: THE APPLICATION IS FOR CUSTOMER PRE-PURCHASE NINETY (90) DAY TRIAL USAGE ONLY. YOU MAY NOT DOWNLOAD AND RUN THE APPLICATION FOR COMPETITIVE ANALYSIS. YOU MAY NOT MAKE THE APPLICATION AVAILABLE OVER THE INTERNET OR ANY OTHER PUBLICLY ACCESSIBLE NETWORK OR TECHNOLOGY. YOU MAY NOT PUBLISH OR DISCLOSE TO ANY THIRD-PARTY COMMENTS, REVIEWS OR INSIGHTS BASED UPON TRIAL USAGE WITHOUT THE EXPRESS WRITTEN APPROVAL OF CLOUD CRUISER. USE OF THE TRIAL SOFTWARE FOR COMPETITIVE OR DISPARAGING PURPOSES IS STRICTLY PROHIBITED AND AGGRESSIVELY ENFORCED BY CLOUD CRUISER. 1. License. As used in this Agreement, the term "Application" means the software tools in object code form only referred to as the Cloud Cruiser Cost Management Solution and associated data collection software ("Collectors") provided with this license as well as any updates, upgrades, revisions or error or bug fixes of the software tools provided to You by Cloud Cruiser at its sole option and discretion. The term "Documentation" shall mean any accompanying documentation provided by Cloud Cruiser. Subject to the terms of this Agreement, Cloud Cruiser grants to You, and You accept, a personal, non-exclusive, and nontransferable (except as set forth below) license to (a) access and use the object code version of the Application in accordance with the Documentation solely for Your internal business purposes on the computer or server for which the Application is licensed; and (b) access, use and print out one copy of the Documentation solely for use in connection use of the Application. 2. Limitations on Use. You may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Application or Documentation, except as expressly set forth in Section 1 ("License"). You shall not decompile, disassemble, attempt to derive the source code for or reverse engineer the Application, and You will prevent Your employees and contractors from doing so, except to the extent that such restriction is expressly prohibited by applicable law. You shall not modify, adapt, create a derivative work of , merge, or translate the Application or Documentation, or use the Application or Documentation as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution or in any way to develop competing products. This Agreement covers specific Cloud Cruiser Applications as identified in Your purchase document or order form. Use of any additional Collectors NOT intended for or associated with Your Application is NOT licensed or permitted under this Agreement. 3. Intellectual Property Rights. You acknowledge that Cloud Cruiser solely and exclusively owns all copyrights, trademarks, patents, trade secrets and/or other intellectual property rights ("IP Rights") in and to the Application and Documentation. You are not granted any rights in the Application or Documentation other than the license rights expressly set forth in Section 1 ("License"). All rights in the Application and Documentation not expressly granted in this Agreement are reserved to Cloud Cruiser. 4. Confidentiality. You acknowledge that the Application and Documentation contains proprietary and confidential information of Cloud Cruiser (collectively, "Confidential Information"). You will not disclose, provide or otherwise make available any such Confidential Information to any third party. You will not use any such Confidential Information for any purpose except to the extent necessary to use the Application in accordance with this Agreement. You further agree that a breach of this provision will cause irreparable harm to Cloud Cruiser for which it will have no adequate remedy at law, and therefore it shall be entitled to obtain injunctive relief to restrain violations of this provision, in addition to any other remedies it may have at law or equity. 5. Compliance with Laws/Liability for User Content. You agree to comply with all laws, rules, orders or regulations in utilizing the Application and Documentation. You further agree not to transmit, upload, store, maintain, distribute or otherwise use data, content, information or material through the Application that violates any third party's IP Rights, is false or fraudulent, defamatory, obscene or otherwise violates the rights of any third party. If You are providing access to the Application through a user account with an assigned password and user identification, You agree to maintain that password and user identification as confidential and to assume responsibility for any and all uses of the Application under Your password and user identification. You further agree to defend, indemnify and hold harmless Cloud Cruiser and any of its parent, subsidiary and affiliated entities, and each of their officers, directors, employees, and agents from and against any claims, losses, liabilities, lawsuits, and expenses (including reasonable attorney's fees) arising out of Your breach of this Agreement. 6. Term and Termination. The term of this Agreement will be concurrent with any Master Software License or other license agreement ("Master Agreement") with the entity under which this license is being provided. Your license to the Application automatically terminates if the Master Agreement expires or terminates or if You fail to comply with any of the terms and conditions of this Agreement. Your ability to access or use the Application may terminate automatically upon termination of this Agreement. You agree that, upon such termination, Your access to the Application may be terminated and if applicable, at Cloud Cruiser's option, You will either destroy (or permanently erase) all copies of the Application or Documentation, or return the original Application or Documentation to Cloud Cruiser. You may terminate this license at any time by destroying Your copies of or disabling access to the Application, provided that termination of this license will not necessarily terminate the Master Agreement. Sections 2-12 of this Agreement shall survive any termination of the license or this Agreement. 7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE APPLICATION'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. If a disclaimer of implied warranties is not permitted by law, the duration of any such implied warranty is limited to ninety (90) days from the date of purchase by the original end user purchaser. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary from jurisdiction to jurisdiction. 8. Liability Exclusions and Limitations. IN NO EVENT SHALL Cloud Cruiser BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE, LOSS OR ALTERATION OF DATA, OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLOUD CRUISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CLOUD CRUISER'S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEE PAID BY YOU OR UNDER ANY MASTER AGREEMENT FOR THE COPY OF THE APPLICATION USED BY YOU. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to You. 9. Proprietary Rights-Contracts with Certain U.S. Government Agencies. The Application is a "Commercial Item," as that term is defined at 48 C.F.R. 2.101 (Jan. 2011), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, 48 C.F.R. 227.7202, and 48 C.F.R. 12.211, respectively. Consistent with 48 C.F.R. 12.212, and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users' rights to use, modify, reproduce, release, perform, display, or disclose the Application and the Documentation are as provided by this Agreement. This clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Application. 10. Export Restrictions. You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain commodities and technical data of United States origin, including the Application, in any medium. You agree that You will not knowingly, without prior authorization if required, export or re-export the Application in any medium without the appropriate United States and foreign government licenses. Without limiting the foregoing, You acknowledge that You are not a person or entity prohibited from receiving U.S. exports or a person or entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. You further acknowledge that (i) You are not located in, and (ii) are not a national of Cuba, Iran, Iraq, Kosovo (Serbian controlled), Libya, Montenegro, North Korea, Serbia, Sudan, Syria, any Taliban-controlled areas of Afghanistan, or any other U.S.- embargoed country or area. You agree that You will not export or re-export the Application or Documentation to any country, person, entity, or end user that is subject to US export restrictions. Restricted countries currently include, but may not be limited to: Cuba, Iran, Iraq, Libya, Kosovo (Serbian controlled), Montenegro, Serbia, North Korea, Sudan and Syria and any Taliban-controlled areas of Afghanistan, or any other U.S.-embargoed country or area. You agree not to export, re-export, or otherwise disclose the Application, Documentation and/or technical data to any national of the above-listed countries, or to any other person or entity prohibited from receiving U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. Without limiting any of the foregoing, if You export the Application, Documentation or technical data from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be. 11. Severability. You acknowledge and agree that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement. Invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions of this Agreement. 12. License Compliance Reporting. Cloud Cruiser reserves the right to run periodic license compliance reports to ensure accuracy and appropriate use of Your license(s). Given reasonable notice, Cloud Cruiser further reserves the right to physically audit Your license utilization. 13. General. This Agreement is the entire agreement between You and Cloud Cruiser relative to the Application and Documentation, and supersedes all prior written statements, proposals or agreements relative to its subject matter. It may be modified only by a writing executed by an authorized representative of Cloud Cruiser. No Cloud Cruiser dealer or sales representative is authorized to make any modifications, extensions or additions to this Agreement. This Agreement will be governed by the laws in force in the State of California, excluding (i) the application of its conflicts of law rules; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention"); (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; and (v) the Uniform Computer Information Transactions Act (and all successor or amended acts that are or may be adopted in any jurisdiction). The Superior Court of Sacramento County and/or the United States District Court for the Eastern District of California shall have jurisdiction and venue over all controversies in connection herewith. You hereby consent to the personal jurisdiction of said courts and waive any objections to such jurisdiction or venue based on forum non conveniens.
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Cloud Cruiser, Inc. End User License Agreement Trial Software	Cloud Cruiser, Inc. End User License Agreement Trial Software NOTICE TO END USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ("YOU" OR "YOUR") AND CLOUD CRUISER, INC. ("CLOUD CRUISER") RELATING TO THE USE OF THE APPLICATION THAT IS PROVIDED WITH THIS AGREEMENT. USE OF THE APPLICATION PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE TERMS OF THIS EULA MAY NOT BE NOT BE AMENDED, ALTERED OR CHANGED BY ANY PURCHASE ORDER OR OTHER INSTRUMENT SUBMITTED BY YOU, WHETHER FORMALLY REJECTED BY CLOUD CRUISER OR NOT. IF YOU ARE USING THE APPLICATIONS ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT YOU AUTHORIZED TO BIND YOUR EMPLOYER TO THIS AGREEMENT. TRIAL SOFTWARE RESTRICTIONS: THE APPLICATION IS FOR CUSTOMER PRE-PURCHASE NINETY (90) DAY TRIAL USAGE ONLY. YOU MAY NOT DOWNLOAD AND RUN THE APPLICATION FOR COMPETITIVE ANALYSIS. YOU MAY NOT MAKE THE APPLICATION AVAILABLE OVER THE INTERNET OR ANY OTHER PUBLICLY ACCESSIBLE NETWORK OR TECHNOLOGY. YOU MAY NOT PUBLISH OR DISCLOSE TO ANY THIRD-PARTY COMMENTS, REVIEWS OR INSIGHTS BASED UPON TRIAL USAGE WITHOUT THE EXPRESS WRITTEN APPROVAL OF CLOUD CRUISER. USE OF THE TRIAL SOFTWARE FOR COMPETITIVE OR DISPARAGING PURPOSES IS STRICTLY PROHIBITED AND AGGRESSIVELY ENFORCED BY CLOUD CRUISER. 1. License. As used in this Agreement, the term "Application" means the software tools in object code form only referred to as the Cloud Cruiser Cost Management Solution and associated data collection software ("Collectors") provided with this license as well as any updates, upgrades, revisions or error or bug fixes of the software tools provided to You by Cloud Cruiser at its sole option and discretion. The term "Documentation" shall mean any accompanying documentation provided by Cloud Cruiser. Subject to the terms of this Agreement, Cloud Cruiser grants to You, and You accept, a personal, non-exclusive, and nontransferable (except as set forth below) license to (a) access and use the object code version of the Application in accordance with the Documentation solely for Your internal business purposes on the computer or server for which the Application is licensed; and (b) access, use and print out one copy of the Documentation solely for use in connection use of the Application. 2. Limitations on Use. You may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Application or Documentation, except as expressly set forth in Section 1 ("License"). You shall not decompile, disassemble, attempt to derive the source code for or reverse engineer the Application, and You will prevent Your employees and contractors from doing so, except to the extent that such restriction is expressly prohibited by applicable law. You shall not modify, adapt, create a derivative work of , merge, or translate the Application or Documentation, or use the Application or Documentation as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution or in any way to develop competing products. This Agreement covers specific Cloud Cruiser Applications as identified in Your purchase document or order form. Use of any additional Collectors NOT intended for or associated with Your Application is NOT licensed or permitted under this Agreement. 3. Intellectual Property Rights. You acknowledge that Cloud Cruiser solely and exclusively owns all copyrights, trademarks, patents, trade secrets and/or other intellectual property rights ("IP Rights") in and to the Application and Documentation. You are not granted any rights in the Application or Documentation other than the license rights expressly set forth in Section 1 ("License"). All rights in the Application and Documentation not expressly granted in this Agreement are reserved to Cloud Cruiser. 4. Confidentiality. You acknowledge that the Application and Documentation contains proprietary and confidential information of Cloud Cruiser (collectively, "Confidential Information"). You will not disclose, provide or otherwise make available any such Confidential Information to any third party. You will not use any such Confidential Information for any purpose except to the extent necessary to use the Application in accordance with this Agreement. You further agree that a breach of this provision will cause irreparable harm to Cloud Cruiser for which it will have no adequate remedy at law, and therefore it shall be entitled to obtain injunctive relief to restrain violations of this provision, in addition to any other remedies it may have at law or equity. 5. Compliance with Laws/Liability for User Content. You agree to comply with all laws, rules, orders or regulations in utilizing the Application and Documentation. You further agree not to transmit, upload, store, maintain, distribute or otherwise use data, content, information or material through the Application that violates any third party's IP Rights, is false or fraudulent, defamatory, obscene or otherwise violates the rights of any third party. If You are providing access to the Application through a user account with an assigned password and user identification, You agree to maintain that password and user identification as confidential and to assume responsibility for any and all uses of the Application under Your password and user identification. You further agree to defend, indemnify and hold harmless Cloud Cruiser and any of its parent, subsidiary and affiliated entities, and each of their officers, directors, employees, and agents from and against any claims, losses, liabilities, lawsuits, and expenses (including reasonable attorney's fees) arising out of Your breach of this Agreement. 6. Term and Termination. The term of this Agreement will be concurrent with any Master Software License or other license agreement ("Master Agreement") with the entity under which this license is being provided. Your license to the Application automatically terminates if the Master Agreement expires or terminates or if You fail to comply with any of the terms and conditions of this Agreement. Your ability to access or use the Application may terminate automatically upon termination of this Agreement. You agree that, upon such termination, Your access to the Application may be terminated and if applicable, at Cloud Cruiser's option, You will either destroy (or permanently erase) all copies of the Application or Documentation, or return the original Application or Documentation to Cloud Cruiser. You may terminate this license at any time by destroying Your copies of or disabling access to the Application, provided that termination of this license will not necessarily terminate the Master Agreement. Sections 2-12 of this Agreement shall survive any termination of the license or this Agreement. 7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE APPLICATION'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. If a disclaimer of implied warranties is not permitted by law, the duration of any such implied warranty is limited to ninety (90) days from the date of purchase by the original end user purchaser. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary from jurisdiction to jurisdiction. 8. Liability Exclusions and Limitations. IN NO EVENT SHALL Cloud Cruiser BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE, LOSS OR ALTERATION OF DATA, OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLOUD CRUISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CLOUD CRUISER'S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEE PAID BY YOU OR UNDER ANY MASTER AGREEMENT FOR THE COPY OF THE APPLICATION USED BY YOU. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to You. 9. Proprietary Rights-Contracts with Certain U.S. Government Agencies. The Application is a "Commercial Item," as that term is defined at 48 C.F.R. 2.101 (Jan. 2011), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, 48 C.F.R. 227.7202, and 48 C.F.R. 12.211, respectively. Consistent with 48 C.F.R. 12.212, and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users' rights to use, modify, reproduce, release, perform, display, or disclose the Application and the Documentation are as provided by this Agreement. This clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Application. 10. Export Restrictions. You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain commodities and technical data of United States origin, including the Application, in any medium. You agree that You will not knowingly, without prior authorization if required, export or re-export the Application in any medium without the appropriate United States and foreign government licenses. Without limiting the foregoing, You acknowledge that You are not a person or entity prohibited from receiving U.S. exports or a person or entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. You further acknowledge that (i) You are not located in, and (ii) are not a national of Cuba, Iran, Iraq, Kosovo (Serbian controlled), Libya, Montenegro, North Korea, Serbia, Sudan, Syria, any Taliban-controlled areas of Afghanistan, or any other U.S.- embargoed country or area. You agree that You will not export or re-export the Application or Documentation to any country, person, entity, or end user that is subject to US export restrictions. Restricted countries currently include, but may not be limited to: Cuba, Iran, Iraq, Libya, Kosovo (Serbian controlled), Montenegro, Serbia, North Korea, Sudan and Syria and any Taliban-controlled areas of Afghanistan, or any other U.S.-embargoed country or area. You agree not to export, re-export, or otherwise disclose the Application, Documentation and/or technical data to any national of the above-listed countries, or to any other person or entity prohibited from receiving U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. Without limiting any of the foregoing, if You export the Application, Documentation or technical data from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be. 11. Severability. You acknowledge and agree that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement. Invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions of this Agreement. 12. License Compliance Reporting. Cloud Cruiser reserves the right to run periodic license compliance reports to ensure accuracy and appropriate use of Your license(s). Given reasonable notice, Cloud Cruiser further reserves the right to physically audit Your license utilization. 13. General. This Agreement is the entire agreement between You and Cloud Cruiser relative to the Application and Documentation, and supersedes all prior written statements, proposals or agreements relative to its subject matter. It may be modified only by a writing executed by an authorized representative of Cloud Cruiser. No Cloud Cruiser dealer or sales representative is authorized to make any modifications, extensions or additions to this Agreement. This Agreement will be governed by the laws in force in the State of California, excluding (i) the application of its conflicts of law rules; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention"); (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; and (v) the Uniform Computer Information Transactions Act (and all successor or amended acts that are or may be adopted in any jurisdiction). The Superior Court of Sacramento County and/or the United States District Court for the Eastern District of California shall have jurisdiction and venue over all controversies in connection herewith. You hereby consent to the personal jurisdiction of said courts and waive any objections to such jurisdiction or venue based on forum non conveniens.
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